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STATE v. MILLER

No. 8318SC993.

317 S.E.2d 84 (1984)

STATE of North Carolina v. James MILLER, alias James Smith and Daniel Pearce Roberts.

Court of Appeals of North Carolina.

July 3, 1984.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by John R.B. Matthis, Sp. Deputy Atty. Gen., John F. Maddrey and Philip A. Telfer, Asst. Attys. Gen., Raleigh, for the State.

Adams, North, Cooke & Landreth by Thaddeus A. Adams, III, Greensboro, for defendant-appellant Miller.

Appellate Defender Adam Stein by Ann B. Petersen, Asst. Appellate Defender, Raleigh, for defendant-appellant Roberts.

VAUGHN, Chief Judge.

The defendants argue that the trial court erred in several rulings related to in-court identification testimony of the defendants by State's witnesses Marvin Massengill, Douglas Linkhous and Vernon Thurlby. Upon defendants' motion to suppress the identifications, Judge Rousseau held voir dire hearings and determined that (1) some of the prior photographic line-ups shown to Massengill and Thurlby were unduly suggestive and should be suppressed...

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